Amrit Lal vs State of H.P. and Another

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

i) That impugned posting order of the Respondent No. 4 against the post of Petitioner may kindly be quashed and set aside.

ii) The Respondents may be directed to post the R-4 against the vacant posts lying in the colleges of the State.

iii) Respondent may be directed to take a policy decision as to how to deal with the teachers working through PTA in the College and Respondents be restrained from terminating the services of such teachers by pick and choose method.

Learned Senior Additional General, on instruction, submits that regular/contract basis teacher has been appointed in the school and hence the teacher appointed on the PTA basis cannot be continued in the school. There cannot be any quarrel about the submission. Once regular teacher/teacher on contract basis is appointed in the school, a teacher appointed by the PTA has to give room for teacher appointed on regular/contract basis. But the contention of the Petitioner is that PTA cannot be accommodated in another school, where regular/contract teacher can be accommodated in the vacant post in the nearby schools.

The Petitioner may point out all these aspects before the first Respondent, in which case, the first Respondent will take appropriate action in the matter in accordance with law and justice, within two weeks from today, taking note also of the vacancy position, as pointed out by the Petitioner.

The writ petition is disposed of, so also the pending application(s), if any.